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Fees payable in the magistrates’ courts—checklist

Fees payable in the magistrates’ courts—checklist While no fees are payable in relation to criminal proceedings in the magistrates’ court, including for making applications for summonses or warrants in England and Wales, fees are payable for certain civil functions undertaken by magistrates’ courts and in relation to the production of documentation resulting from criminal proceedings for use in subsequent civil or family proceedings. Fees payable in the magistrates’ courts This table details the fees payable in the magistrates’ courts as prescribed by Schedule 1 to the Magistrates’ Fees Order 2008, SI 2008/1052, as amended. Description Amount of Fee Further information Application which requires a justice of the peace to perform a function away from the court premises £28 This fee is payable in addition to any other fee required for the function the justice of the peace is to perform Application to state a case for the opinion of the High Court under section 111(1) of the Magistrates Court Act 1980 £151 See Practice Note: Appeal by way of...

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Contaminated land—determinations

Who makes the determination?Local authorities (LAs) have sole responsibility for determining whether land is contaminated land under Part IIA of the Environmental Protection Act 1990 (EPA 1990). They cannot delegate this responsibility, other than in accordance with their statutory powers under the section 101 of the Local Government Act 1972.LAs may rely on information or advice from the Environment Agency (EA), Natural Resources Wales (NRW) or a suitably qualified expert when considering whether to determine land. However, the ultimate decision must be made by the LA. In practice, the determination is likely to be made by an officer acting under delegated authority or by committee resolution.Whoever the decision maker is, they must ask themselves whether the land is, or is not, contaminated land. At this stage, it is not relevant to consider whether it is appropriate to serve a remediation notice. That question follows the determination.For example, in Shelley, a LA committee asked itself the wrong question when determining whether a statutory nuisance existed. It considered whether it was appropriate...

Environmental liabilities—what are clean-up liabilities?

Clean-up liabilities are legal and financial obligations to remediate pollution or contamination pursuant to:•statute, eg a pollution incident which causes environmental damage•civil disputes, eg damages for common law nuisance or negligence•contract, eg an environmental indemnityPollution incidents and other activities that trigger clean-up liabilities may also result in prosecution, director and officer liability, and reputational damage.Practitioners should consider clean-up liabilities when:•undertaking environmental due diligence in corporate, property or financial transactions•advising on company reporting and environmental accounting•advising on transferring environmental liabilities, such as contaminated land, from one entity to another•advising on pollution incidentsBroad scope of clean-up liabilitiesClean-up liabilities are not just limited to remediation liabilities for contaminated land under Environmental Protection Act 1990, ss 78A–78YC (Part IIA) (EPA 1990). They are much broader, ranging from environmental indemnities to remediation notices for environmental damage.Importantly, many clean-up liability regimes overlap. For example, the environmental damage regime may apply instead of, or in addition to, existing environmental regimes. It aims to prevent and remedy environmental damage to land, water, and protected species and habitats.Where liability...

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Abatement notice for a statutory nuisance made under the section 80 of the Environmental Protection Act 1990

Abatement notice for a statutory nuisance made under the section 80 of the Environmental Protection Act 1990 [name] [District] [Borough] [City] Council ABATEMENT NOTICE made under section 80 of the Environmental Protection Act 1990 To: [name] of [address] Take notice that 1 The [name] [District] [Borough] [City] Council (the Council) is satisfied that a statutory nuisance [exists OR is likely to [occur OR recur] ] under section 79(1) [specify which subsection] of the Environmental Protection Act 1990 (EPA 1990) from [the premises at] [specify the address of the source of the nuisance] arising from [describe the matters which are causing the nuisance]. 2 This abatement notice is served on you because you are [the person responsible for the statutory nuisance OR [the owner OR the occupier of] the premises]. What you are required to do 3 [You are required to abate the nuisance [forthwith OR within [specify hours, days, weeks] from the service of this Notice] [and] ] [You are required...

Notice of appeal pursuant to section 80(3) of the Environmental Protection Act 1990 against an abatement notice for a statutory nuisance

Notice of appeal pursuant to section 80(3) of the Environmental Protection Act 1990 against an abatement notice for a statutory nuisance [name, address and telephone number] To: The Clerk to the Justices, [name] Magistrates’ Court [date] Notice of Appeal against an abatement notice, pursuant to section 80(3) of the Environmental Protection Act 1990 1 [I OR We] of [address] give you notice under section 80(3) of the Environmental Protection Act 1990 that [I am OR we are] appealing against the statutory nuisance abatement notice served on [me OR us] on [date] by the [name of local authority] (the Council). 2 The abatement notice was served in respect of [premises known as [address, etc] OR [give details of the vehicle, machinery or equipment concerned]]. The notice required the [abatement OR prohibited the occurrence OR recurrence] of the alleged statutory nuisance pursuant to section 80 of the Environmental Protection Act 1990. 3 The grounds of [my OR our] appeal are as follows: 3.1...

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How should a complaint against an abatement notice under section 51 of the Magistrates’ Court Act 1980 (MCA 1980) be made and what is the impact of non-payment of the court fee payable? What are the permitted methods laying a complaint under MCA 1980, s 51 to a magistrates' court?

How should a complaint against an abatement notice under section 51 of the Magistrates’ Court Act 1980 (MCA 1980) be made and what is the impact of non-payment of the court fee payable? What are the permitted methods laying a complaint under MCA 1980, s 51 to a magistrates' court? Laying a complaint in the magistrates’ court Certain proceedings before a magistrates’ court must be begun by the laying of a complaint under section 51 of the Magistrates’ Courts Act 1980 (MCA 1980). An appeal against an abatement notice is one such example. The procedure for laying a complaint comes under the magistrates’ courts civil jurisdiction as opposed to its criminal jurisdiction. The distinction between an information and a complaint is that an information is laid where the person charged has committed, or is alleged to have committed, an offence for which they may be punished, while a complaint is made where the person in regard to whom it is made is liable, or alleged to...

Who should an abatement notice be served on?

Who should an abatement notice be served on? Once a local authority is satisfied that a statutory nuisance exists or is likely to recur, it is under a duty to serve an abatement notice, see Section 80 Environmental Protection Act 1990 (EPA 1990). See also Practice Notes: Statutory nuisance and Appealing an abatement notice. Subject to an exception in the case of certain statutory noise nuisances (in respect of which, see Practice Note: Noise nuisance offences), the abatement notice must be served on (EPA 1990, s 80(2): • the person responsible for the nuisance • the owner of the premises where the nuisance arises from any defect of the structural character of the premises, or • the owner or occupier of the premises where the person responsible for the nuisance cannot be found or the nuisance has not yet occurred The ‘person responsible’ is defined by EPA 1990, s 79(7) as the person to whose act, default or sufferance the nuisance is attributable. The identity of the person responsible, including...

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Corporate Crime weekly highlights—20 June 2024

This week's edition of Corporate Crime weekly highlights includes analysis of the lack of focus on financial crime in the political parties’ manifestos and of how the Labour Party plans to create a new coronavirus (COVID-19) corruption tsar to recoup public money lost in fraud and failed contracts during the pandemic. Also included is news of the FCDO’s updated guidance on Russian sanctions as well as 50 new sanctions designations and specifications targeting Russia, of a construction company fined £2.345m after an employee drowned in a river and that the Post Office (Horizon System) Offences (Scotland) Act 2024 received Royal Assent thereby automatically exonerating wrongly convicted Scottish sub-postmasters. All this, and more, in this week’s Corporate Crime highlights.

Corporate Crime weekly highlights—9 May 2024

This week's edition of Corporate Crime weekly highlights includes analysis of the Serious Fraud Office’s (SFO) Strategy for 2024–2029, of a recent case on the duty of candour in requests for mutual legal assistance following challenges to search warrants applied for by HM Revenue and Customs (HMRC), of Jonathan Fisher KC’s preliminary findings of his independent review of Disclosure and Fraud offences, as well as analysis of the Economic Crime Manifesto launched by the APPGs on Anti-Corruption and Responsible Tax and on Fair Business Banking. Also included is news of the updated Enforcement and Monetary Penalties guidance from the Office of Financial Sanctions Implementation (OFSI), of a £1.2m fine for a recycling company for health and safety offences and of the publication of the HM Crown Prosecution Service Inspectorate’s (HMCPSI) report assessing the SFO’s disclosure capabilities. All this, and more, in this week’s Corporate Crime highlights.